Pretrial Set, New Charge Filed Against Richmond Cemetery Vandals

Three Indicted for Cemetery Vandalism
(Archived article @ Newsbank)
Ronica Shannon ~ The Richmond Register ~ 9/17/2010


RICHMOND — Three people charged with vandalizing Richmond Cemetery in April were indicted Wednesday on an additional charge of first-degree criminal mischief.

Joseph Dewayne Combs, 25, William Damien Gross, 19, and Sara Elizabeth Smart, 20, appeared Thursday in Madison Circuit Court where they pleaded not guilty to the charge, and a pretrial conference for a previous charge of violating graves was continued.

Judge William G. Clouse agreed to proceed with an arraignment Thursday for the three at the request of their attorneys. This will allow the pretrial conference, scheduled for Oct. 14, to include both charges.

Assistant Commonwealth’s Attorney Thomas Smith recused himself as prosecutor in the case in July because he also serves as chairman of the Richmond Cemetery Board. A special prosecutor from the Fayette County commonwealth’s attorney’s office was appointed to try the case, and said Thursday that plea agreements would not be given to the three.

The group’s first indictment came in July for one count each of violating graves and second-degree criminal trespassing.

Richmond police allege that the three damaged more than 150 grave markers, some dating back to before the Civil War, during an April 3 incident.

Alcohol was suspected as a factor in the incident after police found a whisky bottle in the cemetery the morning after the markers were damaged.

Smith said the damaged markers dated from the 1850s to the early 20th century. Many of the markers were chipped or cracked, while some crumbled after being knocked down.

Violating graves is a Class D felony, while second-degree criminal trespass is a Class B misdemeanor. If convicted, they could serve up to five years in prison.

Combs also faces a second-degree persistent felony offender charge that would escalate the violating graves charge to a Class C felony, meaning that he could serve up to 10 years in prison if convicted.